Updated January 21, 2021
Role of the U.S. Environmental Protection Agency in
Environmental Justice
Executive Order 12898
potential health risks in such situations would depend on
The role of the U.S. Environmental Protection Agency
exposure to pollutants, not proximity alone.
(EPA) in environmental justice is rooted in Executive Order
(E.O.) 12898, Federal Actions to Address Environmental
What Is Environmental Justice?
Justice in Minority Populations and Low-Income
What constitutes environmental justice has been an ongoing
Populations, signed by President Bill Clinton on February
issue for many years. There is no definition of
11, 1994. E.O. 12898 directs each executive department,
environmental justice in federal law. Some have interpreted
EPA, and certain other agencies to “make achieving
the terms “environmental justice (or injustice)†and
environmental justice part of its mission.â€
“environmental equity (or inequity)†broadly to describe the
perceived disproportionate impacts of pollution across
The consideration of environmental justice across federal
populations that possess different demographic
programs and activities is not mandated in statute. E.O.
characteristics (e.g., age, gender, race, national origin,
12898 more generally directs executive departments and
occupation, income, or language). Some have also raised
agencies to integrate environmental justice into their
concerns about environmental justice in terms of access to
respective missions to “the greatest extent practicable and
natural resources and recreational opportunities as part of a
permitted by law.†Some departments and agencies have
broader focus on the environment than just pollution from
incorporated the consideration of environmental justice into
anthropogenic sources.
their respective regulations to carry out E.O. 12898.
Stakeholder concerns about the consideration of
E.O. 12898 itself does not establish federal law but is a
environmental justice in the implementation of EPA
presidential directive for the management of executive
programs and activities have generally focused on the
departments and agencies that instructs the implementation
protection of certain populations that may be
of existing law. (See CRS Report RS20846, Executive
disproportionately exposed to potentially hazardous or toxic
Orders: Issuance, Modification, and Revocation, by Todd
substances. Economic impacts may also be cited as an
Garvey.) E.O. 12898 is not judicially enforceable and
environmental justice concern, such as perceived effects of
explicitly precludes “any right of judicial review involving
the presence of pollution sources on property values.
the compliance or noncompliance of the United States, its
agencies, officers, or any other person with this order.†E.O.
E.O. 12898 refers to environmental justice in terms of
12898 also states that it is intended to supplement E.O.
disproportionately high and adverse human health or
12250 for implementing Title VI of the Civil Rights Act of
environmental impacts specifically on minority and low-
1964 that generally prohibits discrimination based on race,
income populations. In its role under E.O. 12898, EPA has
color, or national origin in federally funded programs or
generally defined environmental justice as the “fair
activities. Although amended by E.O. 12948 in 1995 to
treatment and meaningful involvement of all people
alter time frames for certain actions, E.O. 12898 has not
regardless of race, color, national origin, or income, with
been revoked and has continued to apply to executive
respect to the development, implementation, and
departments and agencies.
enforcement of environmental laws, regulations, and
policies.†Other federal departments and agencies may
Under E.O. 12898, executive departments and agencies are
tailor their definition of environmental justice to their
responsible for interpreting the statutes that authorize their
respective missions.
respective programs and activities to determine the extent to
which environmental justice may be incorporated as a facet
EPA Implementation
of their mission. Some agency programs or activities may
EPA’s Office of Environmental Justice (OEJ), administered
not incorporate environmental justice or may incorporate it
within the Office of the Administrator, coordinates the
in a more limited capacity. Although the authorizing
implementation of E.O. 12898 within the agency to
statutes do not explicitly preclude consideration of
integrate environmental justice into policies and programs
environmental justice, some implementation criteria may be
across the agency’s headquarters and regional offices. OEJ
inconsistent with such considerations. For example, federal
also administers EPA environmental justice grants and may
environmental laws that authorize the permitting of
provide information and technical assistance to other
industrial facilities do not allow the denial of a permit
federal departments and agencies in their implementation of
solely because of proximity to a particular community
E.O. 12898. Prior to early 2018, OEJ was managed within
based on its demographics, although, during permitting
EPA’s Office of Enforcement and Compliance Assurance.
actions, certain communities may cite proximity as an
environmental justice concern. From a scientific standpoint,
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Role of the U.S. Environmental Protection Agency in Environmental Justice
Established prior to E.O. 12898 on September 30, 1993, the
Figure 1 presents enacted appropriations from FY2015 to
National Environmental Justice Advisory Council (NEJAC)
FY2021 for the Environmental Justice program area within
has also served as a federal independent advisory
the EPA Environmental Programs and Management
committee to EPA and has continued to consult with the
account (not adjusted for inflation). These funds support
agency in its implementation of E.O. 12898.
grants, technical assistance, and interagency coordination
administered by the OEJ. Division G, Title II, of the
EPA Environmental Justice Progress Reports
Consolidated Appropriations Act, 2021 (P.L. 116-260, H.R.
EPA issues annual progress reports summarizing how the
133) appropriated $11.8 million for this program area, an
agency seeks to incorporate the principles of environmental
increase of $2.2 million above the $9.6 million FY2020
justice into its mission, pursuant to E.O. 12898. The EPA
enacted level, and $9.1 million above the President’s
Annual Environmental Justice Progress Report FY2020
FY2021 request of $2.7 million. The Explanatory Statement
provides an overview of EPA’s activities and partnerships
accompanying H.R. 133 indicated that the House directives
with other federal agencies, states, local governments,
in H.Rept. 116-448 related to EPA’s environmental justice
tribes, communities, and the NEJAC. The multiyear EPA
activities were not adopted under the final bill, and more
EJ 2020 Action Agenda established the agency’s strategic
generally directed EPA to support environmental justice
plan for incorporating environmental justice into the
efforts to “protect public health.â€
agency’s mission from 2016 to 2020.
Figure 1. EPA Environmental Justice Grants,
EJSCREEN
Technical Assistance, and Interagency Coordination:
Launched in 2015, EPA’s EJSCREEN is a screening and
FY2015-FY2021 Enacted Appropriations
mapping tool intended to provide environmental and
(not adjusted for inflation)
demographic data for specific locations. EPA categorizes
EJSCREEN as a resource for stakeholders and communities
to evaluate the overlap between environmental conditions
and demographic characteristics to inform public comments
on proposed rulemaking, permitting, and other regulatory
actions. EPA emphasizes that EJSCREEN is not intended to
identify environmental justice communities or form the
basis of agency determinations of the existence or absence
of environmental justice concerns.
EPA Guidance for Regulatory Analysis
Issued in June 2016, the EPA Technical Guidance for
Assessing Environmental Justice in Regulatory Analysis
establishes procedures for evaluating environmental justice
concerns potentially associated with agency regulatory
actions. This guidance is intended to provide consistency
across EPA’s programs and offices in integrating
environmental justice into the implementation and
Source: Prepared by CRS using information from Explanatory
enforcement of the federal statutes that the agency
Statements presented in the Congressional Record; and House, Senate,
administers in coordination with delegated states.
and conference committee reports.
Federal Interagency Working Group on
This June 2016 guidance supplements EPA’s Guidance on
Environmental Justice
Considering Environmental Justice During the
Development of a Regulatory Action, finalized in May
E.O. 12898 directed the establishment of the Federal
2015. However, the federal environmental statutes that
Interagency Working Group on Environmental Justice (EJ
authorize EPA regulations do not specify environmental
IWG) to facilitate collaboration among federal departments
justice as a criterion for agency decisions. These statutes
and agencies. Chaired by EPA, the EJ IWG has established
address the protection of human health and the environment
several standing committees and may create others as
regardless of population demographics.
needed to carry out various aspects of E.O. 12898. The
heads of the 17 federal departments and agencies that
EPA Appropriations
comprise the EJ IWG adopted a charter in a 2011
There is no consolidated line-item of funding for EPA’s
“Memorandum of Understanding.†As revised in 2014, the
implementation of E.O. 12898 within the annual
charter provides a framework and guidance to address
appropriations acts that fund the agency. Although there is
coordination among individual departments and agencies in
no separately explicit program authority, Congress has
implementing E.O. 12898. In March 2020, the EJ IWG
provided specific funding in annual appropriations acts
released its Fiscal Year 2019 Progress Report. To carry out
primarily for environmental justice grants to assist
E.O. 12898, EPA and other departments and agencies have
potentially disproportionately affected communities,
also developed various strategies, policies, and guidelines
technical assistance, and interagency coordination. Other
over time to incorporate environmental justice into their
EPA funding to implement the E.O. is generally integrated
programs and activities within the confines of existing law.
across the agency’s appropriations accounts that fund its
programs within the scope of the authorizing statutes.
David M. Bearden, Specialist in Environmental Policy
Angela C. Jones, Analyst in Environmental Policy
IF10529
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Role of the U.S. Environmental Protection Agency in Environmental Justice
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